Office of the Revisor of Statutes
HF 729
1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 06/03/2025 10:41 a.m.
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A bill for an act
relating to human services; expanding certain medical assistance services to include
coverage of care evaluations; modifying medical assistance rates for homemaker
services, home health agency services, and home care nursing services; establishing
a home care preceptor grant program; requiring a report; appropriating money;
amending Minnesota Statutes 2024, sections 256B.0651, subdivisions 1, 2;
256B.0652, subdivision 11; 256B.0653, subdivisions 1, 6, by adding a subdivision;
256B.0654, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 256B.0651, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For the purposes of sections 256B.0651 to 256B.0654
and 256B.0659, the terms in deleted text begin paragraphs (b) to (g)deleted text end new text begin this subdivisionnew text end have the meanings given.
(b) "Activities of daily living" has the meaning given in section 256B.0659, subdivision
1, paragraph (b).
(c) "Assessment" means a review and evaluation of a recipient's need for home care
services conducted in person.
new text begin
(d) "Care evaluation" means a face-to-face evaluation of a person to develop, update,
or review a recipient's plan of care for home care services, except personal care assistance.
new text end
deleted text begin (d)deleted text end new text begin (e)new text end "Home care services" means medical assistance covered services that are home
health agency services, including skilled nurse visits; home health aide visits; physical
therapy, occupational therapy, respiratory therapy, and language-speech pathology therapy;
home care nursing; and personal care assistance.
deleted text begin (e)deleted text end new text begin (f)new text end "Home residencedeleted text begin ,deleted text end " deleted text begin effective January 1, 2010,deleted text end means a residence owned or rented
by the recipient either alone, with roommates of the recipient's choosing, or with an unpaid
responsible party or legal representative; or a family foster home where the license holder
lives with the recipient and is not paid to provide home care services for the recipient except
as allowed under sections 256B.0652, subdivision 10, and 256B.0654, subdivision 4.
deleted text begin (f)deleted text end new text begin (g)new text end "Medically necessary" has the meaning given in Minnesota Rules, parts 9505.0170
to 9505.0475.
deleted text begin (g)deleted text end new text begin (h)new text end "Ventilator-dependent" means an individual who receives mechanical ventilation
for life support at least six hours per day and is expected to be or has been dependent on a
ventilator for at least 30 consecutive days.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 2.
Minnesota Statutes 2024, section 256B.0651, subdivision 2, is amended to read:
Subd. 2.
Services covered.
Home care services covered under this section and sections
256B.0652 to 256B.0654 and 256B.0659 include:
(1) nursing services under sections 256B.0625, subdivision 6a, and 256B.0653;
(2) home care nursing services under sections 256B.0625, subdivision 7, and 256B.0654;
(3) home health services under sections 256B.0625, subdivision 6a, and 256B.0653;
(4) personal care assistance services under sections 256B.0625, subdivision 19a, and
256B.0659;
(5) supervision of personal care assistance services provided by a qualified professional
under sections 256B.0625, subdivision 19a, and 256B.0659;
(6) face-to-face assessments by county public health nurses fornew text begin personal care assistancenew text end
services under sections 256B.0625, subdivision 19a, and 256B.0659; deleted text begin and
deleted text end
(7) service updates and deleted text begin reviewdeleted text end new text begin reviews by county public health nursesnew text end of temporary
increases for personal care assistance services deleted text begin by the county public health nurse for servicesdeleted text end
under sections 256B.0625, subdivision 19a, and 256B.0659deleted text begin .deleted text end new text begin ; and
new text end
new text begin
(8) care evaluations under sections 256B.0625, subdivisions 6a and 7, 256B.0653, and
256B.0654.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 3.
Minnesota Statutes 2024, section 256B.0652, subdivision 11, is amended to read:
Subd. 11.
Limits on services without authorization.
new text begin During a calendar year, new text end a recipient
may receive the following home care services deleted text begin during a calendar yeardeleted text end new text begin without authorizationnew text end :
(1) up to two face-to-face assessments to determine a recipient's need for personal care
assistance services;
(2) one service update done to determine a recipient's need for personal care assistance
services; and
(3) up to nine face-to-facenew text begin visits that must include onlynew text end skilled nurse visitsnew text begin or care
evaluationsnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 4.
Minnesota Statutes 2024, section 256B.0653, subdivision 1, is amended to read:
Subdivision 1.
Scope.
This section applies to home health agency services including
home health aide, skilled nursing visits, physical therapy, occupational therapy, respiratory
therapy, deleted text begin anddeleted text end speech-language pathology therapynew text begin , and care evaluationsnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 5.
Minnesota Statutes 2024, section 256B.0653, subdivision 6, is amended to read:
Subd. 6.
Noncovered home health agency services.
The following are not eligible for
payment under medical assistance as a home health agency service:
(1) telehomecare skilled nurses services that is communication between the home care
nurse and recipient that consists solely of a telephone conversation, facsimile, electronic
mail, or a consultation between two health care practitioners;
(2) the following skilled nurse visits:
(i) for the purpose of monitoring medication compliance with an established medication
program for a recipient;
(ii) administering or assisting with medication administration, including injections,
prefilling syringes for injections, or oral medication setup of an adult recipient, when, as
determined and documented by the registered nurse, the need can be met by an available
pharmacy or the recipient or a family member is physically and mentally able to
self-administer or prefill a medication;
(iii) services done for the sole purpose of supervision of the home health aide or personal
care assistant;
(iv) services done for the sole purpose to train other home health agency workers;
(v) services done for the sole purpose of blood samples or lab draw when the recipient
is able to access these services outside the home; and
(vi) Medicare evaluation or administrative nursing visits required by Medicarenew text begin , except
as provided in subdivision 9, paragraph (a)new text end ;
(3) home health aide visits when the following activities are the sole purpose for the
visit: companionship, socialization, household tasks, transportation, and education;
(4) home care therapies provided in other settings such as a clinic or as an inpatient or
when the recipient can access therapy outside of the recipient's residence; and
(5) home health agency services without qualifying documentation of a face-to-face
encounter as specified in subdivision 7.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 6.
Minnesota Statutes 2024, section 256B.0653, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Care evaluations. new text end
new text begin
(a) Notwithstanding the coverage limitation in subdivision
6, clause (2), item (vi), medical assistance covers care evaluations as a home health service
under section 256B.0625, subdivision 6a, provided that the recipient's home health services
are not covered under the Medicare program or any other insurance held by the recipient.
new text end
new text begin
(b) The reimbursement rate for care evaluations under this section must equal 300 percent
of the medical assistance reimbursement rate for a skilled nursing visit.
new text end
new text begin
(c) Care evaluations under this section must occur during a start-of-care visit, a
resumption-of-care visit, or a recertification visit. Care evaluations under this section must
be provided by a registered nurse whenever the recipient's plan of care involves nursing
tasks or medically oriented tasks requiring skilled nursing visits or home health aide visits.
If the service recipient's plan of care involves only home care therapy, an appropriate therapist
may conduct a care evaluation under this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 7.
Minnesota Statutes 2024, section 256B.0654, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Care evaluations. new text end
new text begin
(a) Medical assistance covers care evaluations as a home
care nursing service under section 256B.0625, subdivision 7, provided the recipient's home
care nursing services are not covered by the Medicare program or any other insurance held
by the recipient.
new text end
new text begin
(b) The reimbursement rate for care evaluations under this section must equal 300 percent
of the medical assistance reimbursement rate for a skilled nursing visit.
new text end
new text begin
(c) Care evaluations under this section must occur during a start-of-care visit, a
resumption-of-care visit, or a recertification visit. Care evaluations under this section must
be provided by a registered nurse.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 8. new text begin RATE INCREASE FOR CERTAIN HOME CARE SERVICES.
new text end
new text begin
(a) The commissioner of human services shall increase payment rates for home health
agency services under Minnesota Statutes, section 256B.0653, by ... percent from the rates
in effect on December 31, 2025.
new text end
new text begin
(b) The commissioner of human services shall increase payment rates for home care
nursing under Minnesota Statutes, section 256B.0651, subdivision 2, clause (2), by ... percent
from the rates in effect on December 31, 2025.
new text end
new text begin
(c) The commissioner of human services shall increase payment rates established under
Minnesota Statutes, sections 256S.21 to 256S.215, for homemaker assistance with personal
care, homemaker cleaning, and homemaker home management by ... percent from the rates
in effect on December 31, 2025.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 9. new text begin HOME CARE PRECEPTOR GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The commissioner of human services must establish a
onetime grant program for incentive compensation and benefits for home care nurse
employees who serve as a preceptor of a nursing student.
new text end
new text begin Subd. 2. new text end
new text begin Eligible grant recipients. new text end
new text begin
Only home care providers licensed under Minnesota
Statutes, chapter 144A, are eligible grant recipients under this section.
new text end
new text begin Subd. 3. new text end
new text begin Allowable uses. new text end
new text begin
Grant money must be directed toward employees providing
home care services licensed under Minnesota Statutes, chapter 144A. The only allowable
use of grant money is incentive compensation and benefits for home care nurse employees
who serve as a preceptor of a nursing student.
new text end
new text begin Subd. 4. new text end
new text begin Selection process. new text end
new text begin
The commissioner shall select grantees based on information
submitted in a grant proposal in a format as determined by the commissioner. The
commissioner shall take into account relevant factors including the demonstrated need for
an award for preceptors, the percentage of an organization's clients that are enrolled in
medical assistance and MinnesotaCare, statewide geographical distribution of awarded
grants, and other criteria as determined by the commissioner.
new text end
new text begin Subd. 5. new text end
new text begin Report. new text end
new text begin
By July 1, 2028, each grant recipient must submit a report to the
commissioner that includes details of how the grant money was distributed.
new text end
new text begin Subd. 6. new text end
new text begin Expiration. new text end
new text begin
Subdivisions 1 to 4 expire January 1, 2028. This subdivision and
subdivision 5 expire July 1, 2028.
new text end
Sec. 10. new text begin APPROPRIATION; HOME CARE PRECEPTOR GRANT PROGRAM.
new text end
new text begin
$....... in fiscal year 2026 is appropriated from the general fund to the commissioner of
human services for the home care preceptor grant program. This is a onetime appropriation
and is available until June 30, 2028.
new text end